JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2.The challenge in this appeal is to the judgment of the learned Single Judge of Kerala High Court dismissing the appeal filed by the appellant, while directing the acquittal of the co-accused. Both the accused were convicted by the learned IInd Additional Assistant Sessions Judge, Thrissur for offences punishable under Sections 366A and 376 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC').

3.Custodial sentence of two years and fine of Rs.10,000/- with default stipulation, sentences of three years and fine of Rs.3,000/-were with default stipulation for the offences punishable under Sections 376 and 366A read with Section 34 IPC respectively.

4.The background facts, as projected by prosecution in nutshell are as follows:

On 18.10.1993 at 7.00 a.m. both the accused, in furtherance of their common intention of kidnapping, induced and procured a minor teenage girl (P.W.2), who had not attained the age of 14 and seduced her to have illicit intercourse with the first accused and first accused took her to Mahadevapuram in Coimbatore District and committed rape in the house of CW8 at Mahadevapuram. Since PW2 did not come ba